Hemet Valley Growers, Inc. v. Parssinen

BARNARD, P. J. This is an action to recover for labor and services furnished to the defendant. The complaint alleged that the plaintiff is engaged in the business of furnishing labor and services to farmers and growers; that during the year 1946 it furnished to the defendant labor and services to the total, value of $1,393.06; that payment had been demanded and refused; and that said amount is now due and unpaid from the defendant to the plaintiff.

The answer denied that the defendant is indebted to the plaintiff in the sum of $1,393.06, or in any other sum in excess of $999.65, but failed to deny that during the year 1946 the plaintiff had furnished the defendant labor and services of the value of $1,393.06. In a separate answer and defense, the defendant alleged that he and one Lockman were joint adventurers in handling a crop of apricots belonging to them both; that the labor and services “as alleged in said complaint” were furnished to the defendant and Lockman for the purpose of harvesting these apricots and not at the individual request of the defendant; that the value of the labor referred to in the complaint which was rendered at the request of the defendant does not amount to more than $999.65; that the labor and services rendered, the value of which exceeds $999.65, was furnished to Lockman and not to the defendant; and that the defendant is willing to pay the plaintiff $999.65 for the labor and services furnished to him.

After a trial, the court found that the allegation in the complaint that labor and services of the value of $1,393.06 were furnished to the defendant was true, except that the correct amount was $1,386.56, and that this latter amount was due and unpaid from the defendant to the plaintiff. It was further found that the allegations of the separate answer and defense, as above stated, were all untrue except that it was found that the defendant was willing to pay $999.65. Judgment was entered in favor of the plaintiff for $1,386.56, and the defendant has appealed upon the clerk’s transcript and a settled [697]statement, with the original exhibits. Appellant’s sole contention is that respondent’s “Exhibit 3” was improperly admitted in evidence and that without it there is no evidence whatever to support any judgment in excess of the $999.65, which is admittedly owed.

This exhibit consists of several ledger sheets from respondent’s books purporting to show its account with the appellant during the period in question, and showing a balance due of $1,386.56. The court sustained an objection to the admission of this exhibit when it was first offered, and admitted it later on after the appellant had testified. The appellant argues that no foundation was laid for the admission of this exhibit because no qualified witness testified as to the identity of the record, as to the mode of its preparation, that it was made in the regular course of business, or that it was made at or near the time of the acts which it purports to establish. While this contention seems to be correct with respect to at least two of the foundational requirements, any error thus appearing is immaterial here.